Disposed

Sri Chaithra a v. Vs the Government of Karnataka

Karnataka HC20 Jan 2021WP/127/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition challenging the police compulsion for the petitioner's presence as an accused. The Court directed the Investigating Officer to verify Aadhaar cards to determine the identity of Accused No.3 before proceeding further.

What did the court decide?

Directed the Investigating Officer to verify Aadhaar cards and decide the identity of Accused No.3 before taking further action.

Sri Chaithra a v Vs the Government of Karnataka — Karnataka HC (2021) — LawSathi Research

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF JANUARY, 2021

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BEFORE

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THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR

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WRIT PETITION No.127 OF 2021 (GM-POLICE)

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BETWEEN :

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SRI. CHAITHRA A.V S/O SRI. VENKATARAMAIAH AGED ABOUT 39 YEARS RESIDING AT NO.23 4^TH BLOCK, JNANABHARATHI LAYOUT NAGADEVANAHALLI KENGERI, BENGALURU-560 060

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PERMANENT ADDRESS RESIDING AT NO.18 BOOKANABETTA HONNENAHALLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124 AADHAAR NO.479933500636 …PETITIONER

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(BY SHRI. G.M. GADILINGAPPA, ADVOCATE)

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AND :

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THE GOVERNMENT OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOME VIDHANA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU-560 001

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THE SUPERINTENDENT OF POLICE BENGALURU RURAL DISTRICT NO.5, MILLERS ROAD VASANTH NAGAR BENGALURU-560 052

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THE DEPUTY SUPERINTENDENT OF POLICE ANEKAL SUB DIVISION ANEKAL TALUK BENGALURU-562 106

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THE CIRCLE POLICE INSPECTOR ATTIBELE CIRCLE ANEKALTALUK BENGALURU-562 106

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THE SUB INSPECTOR OF POLICE /SHO ATTIBELE POLICE STATON ANEKAL TALUK BENGALURU-562 106

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SRI. MURUGESH S/O MUNIKRISHNAPPA AGED ABOUT 37 YEARS MARANAYAKANAHALLI VILLAGE KASABA HOBLI ANEKAL TALUK BENGALURU-562 106 ... RESPONDENTS

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(BY SHRI. M. VINOD KUMAR, AGA FOR R1-R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NOT TO ARREST THIS PETITIONER BY NAME CHAITHRA A.C S/O VENKATARAMU HAVING HIS AADHAAR NO.479933500636 IN SP C.C.NO.180/2020 (CRIME NO.264/2019) REGISTERED BY THE RESPONDENT ATTIBELE POLICE PUNISHABLE UNDER SECTIONS 363, 342, 376 (i) (d) 114, 506 OF IPC AND SECTION 4 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012 AND SECTION 3 (1) (w) (i) (1) OF SC/ST ACT WHICH IS PENDING BEFORE THE HONBLE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AND SPECIAL COURT, BENGALURU RURAL DISTRICT AT BENGALURU.

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THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Heard Shri G.M.Gadilingappa, learned advocate for the petitioner and Shri M.Vinod Kumar, learned AGA for the State.

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Attibele police have filed charge sheet after investigating FIR No.264/2019 in SPL.C.No.180/2020 before II Additional District and Sessions Judge, Bengaluru Rural District, against four persons. Accused No.3 is one Chethan S/o Gangadhar, aged about 38 years having Aadhaar No.752907822858. Petitioner has approached this Court that police are compelling his presence before the Special Court on the premise that he is accused No.3.

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Learned advocate for the petitioner submitted that petitioner's Aadhaar card number is 479933500636 and he is resident of Bengaluru and he is no way connected with the crime.

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Learned AGA submitted that petitioner may have obtained more than one Aadhaar card. According to the prosecution, petitioner is accused No.3. He further submitted that in her statement, accused No.2 has stated that accused No.3 is brother of one Veena, who is related to her.

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Thus, the issue involved in this writ petition is with regard to identification of person. Admittedly, there are two Aadhaar numbers and statement of accused No.2. Investigating Officer shall verify Aadhaar cards and decide identity of accused No.3 and take further action.

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Petition disposed of with above directions.

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No costs.

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Sd/JUDGE

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Sri Chaithra a v. Vs the Government of Karnataka

Case brief

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Sri Chaithra a v. Vs the Government of Karnataka

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